Health Care Complaints Commission v Georghy [2019] NSWCATOD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Georghy [2019] NSWCATOD 50 Hearing dates: 4 March 2019 Date of orders: 09 April 2019 Decision date: 09 April 2019 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ – Principal Member Dr L Cotterell – Senior Member Dr J Eyers – Senior Member Ms J Houen – Professional Member Decision: 1. The Respondent's registration as a medical practitioner is cancelled pursuant to s149C(1)(b) of the Health Practitioner Regulation National Law (NSW) ("the National Law") 2. The Respondent may not apply for review of the cancellation order before 4 March 2022 (pursuant to s149C(7) of the National Law). 3. This Tribunal is the review body for any such application. 4. The Respondent is prohibited from providing any health services while unregistered. 5. The Respondent must pay the Applicant's costs of or incidental to the proceedings as agreed or assessed. 6. The Registrar is requested to notify the Medical Council of New South Wales and the Australian Health Practitioner Regulation Authority of these orders as soon as practicable. Catchwords: TRADES & PROFESSIONS – medical practitioner – disciplinary proceedings – unsatisfactory professional conduct and professional misconduct – breach of professional boundaries – breach of condition of registration Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) ("the National Law") Cases Cited: Health Care Complaints Commission v MacGregor [2016] NSWCATOD 85 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 R v Byrne (1995) 193 CLR 501 Texts Cited: Medical Board of Australia 'Sexual Boundaries: Guidelines for Doctors' published 28 October 2011 ('the Sexual Boundaries Guidelines'); Medical Board of Australia, 'Good Medical Practice: a Code of Conduct for Doctors in Australia' (March 2014); AHPRA 'Guidelines for Advertising Regulated Health Services' published May 2014 Category: Principal judgment Parties: Applicant: Health Care Complaints Commission